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(영문) 대구지방법원 김천지원 2017.11.21 2017고단1311
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2017, the Defendant 22:30 on September 6, 2017, “A cafeteria” in the front of the “C cafeteria” in the Gu-U.S. Si B.

In order to verify the personal information of the Defendant after receiving the report 112, the circumstances where the police box called "" was sent to the police box called " shall be removed from the Defendant by reporting that the Defendant attempted to assault a woman," and the Defendant’s remarks to read "scam, v. L. L. L., I., I. L., I. L., I. L., I., I.K., which the above E cited for the Defendant as a petitioner, are posted to the above Party E two and three times, and "I.K.

It is the same as why it does not meet the standards.

“Along with the sound of “A”, the chest of the above E has been pushed together once, and drinking 2,3 times as the face of the above E is being taken.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes governing the handling of reported cases, such as a stop where a police box is assigned, and 112;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to January to June) (no person who has any special sentencing seal] shall interfere with the performance of public duties;

2. Upon receipt of a report, the Defendant: (a) committed an assault by a police officer who was dispatched to the police station to display a mountain to the police officer; (b) attempted to do so; and (c) obstructed the performance of official duties by committing an assaulting him/her.

However, the defendant is against the law.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the degree of tangible force used by the defendant, including the age, sex, family relationship, and circumstances after the crime.

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